Alan Dewar QC

Year of Call: 1989 Silk: 2002

Alan Dewar QC was admitted to the Faculty of Advocates in 1989 and took silk in 2002. He was the Treasurer of the Faculty of Advocates from 2007 to 2011. Over the years he has appeared in a wide range of civil and criminal cases, particularly in the fields of commercial, public law, and professional and clinical negligence. In addition, he has acted for and advised companies and public authorities on contractual and delictual disputes, public procurement, regulatory and licensing issues, as well as other agencies such as the Registers of Scotland, and professional bodies such as the Institute of Chartered Accountants of Scotland (ICAS). He is a legal adviser to the Institute and Faculty of Actuaries. He has also represented companies, other corporate bodies and individuals in a number of public inquiries, planning inquiries, fatal accident inquiries, defamation actions, and intellectual property disputes. In the public law sphere he has extensive experience in the field of judicial review, human rights and immigration. Alan is also often appointed by the Court to act as Commissioner in Section 1 (“dawn raid”) petitions.

Alan has extensive advocacy experience arising from practising as a solicitor and advocate for more than 30 years. This includes Inner and Outer House experience in the Court of Session as well as a significant number of appearances in the House of Lords, Privy Council, the UK Supreme Court, the European Commission in Strasbourg and the UEFA Disciplinary Tribunal in Geneva. He was junior counsel to the Orkney Inquiry; standing junior counsel to a number of Government Departments including the Department of Trade and Industry and the Scotland Office; an Advocate Depute for three years; and also has extensive experience in planning and other inquiries, and before various other Tribunals. Between 2009 and 2011 he successfully represented the Lord Advocate and the Scottish Ministers in the AXA insurance case (which confirmed the validity of the Damages (Asbestos-related Conditions)(Scotland) Act 2009), ultimately in the UK Supreme Court.

He also acted for the Scottish Ministers in the Clostridium Difficile Inquiry chaired by Lord MacLean: the Report of the Inquiry was published in 2014. In November 2013 he successfully represented the pursuer/appellant in Cramaso LLP v Viscount Reidhaven’s Trustees in the UK Supreme Court, a case concerned with the tenancy of a grouse moor in which the principal issue was whether there was sufficient proximity between an individual and a LLP such as to create a duty of care in the context of negligent misrepresentations. He also acted for the successful pursuers in Frank Houlgate Investment Co Ltd v Biggart Baillie LLP [2014] CSIH 79 in which The Inner House upheld the decision of Lord Hodge after proof. The pursuers established that a solicitor and his firm were liable to the pursuers for facilitating a continuing fraud when the solicitor had continued to act for a fraudster even after he had confessed to the fraud. More recently he has acted for a number of asylum seekers in various challenges to the operation of the Dublin II and III Regulations, and for the successful petitioners in Ochiemhen and Menuba v SSHD [2016] CSOH 179 and 180 (concerned with alleged breaches of visas granted to the petitioners to operate as entrepreneurs in the UK) and Alagoz v SSHD [2017] CSOH 27 (concerned with the operation of the EEC – Turkey Association Agreement).

Banking and Finance Law

European Commission 28530/95, X v United Kingdom, 19 January 1998
This was a judicial review, the central question of which was whether a particular individual was a fit and proper person to become the chief executive of a new insurance company. The case was taken to Strasbourg where Alan appeared for the United Kingdom Government, along with the late Peter Duffy QC of the English Bar, at an admissibility hearing before the Commission

Company Law

Secretary of State for Trade and Industry v Hasta International Limited 1998 SLT 73

Stagecoach Holdings plc v Secretary of State for Trade and Industry 1997 SLT 940
Alan acted for the Secretary of State in this case concerned with the lawfulness of a reference by the Secretary of State to the Monopolies and Mergers Commission under the Fair Trading Act 1973, and the Commission’s decision thereon

Commercial Law

Cramaso LLP v Viscount Reidhaven’s Trustees [2014] 2 WLR 317; 2014 SLT 521
Appeal to the UK Supreme Court on whether proximity in the Caparo threefold test includes a situation in which a misrepresentation to an individual can be relied upon by his subsequently incorporated LLP. Alan successfully represented the pursuers in the Supreme Court appeal: see [2014] 2 WLR 317; 2014 SLT 521.

Sangani v Sandhu 22 February 2017.
A decision after proof by Sheriff Fife in Paisley. Alan successfully represented the defender who denied signing a promissory note for £150,000 and it was also argued that the promissory note was, in any event, unenforceable. Sheriff Fife upheld the defender’s submissions.

Man Hen Liu v Hastings, 22 March 2017.
A decision after proof by Sheriff Deutsch in Glasgow. Alan represented the defender in a long-running case in which it is alleged that the defender’s trustee in bankruptcy paid over excessive amounts of the bankrupt’s estate to HMRC. The pursuer was unsuccessful after proof but Sheriff Deutsch’s Judgment is under appeal.

Narden Services Ltd v Inverness Retail and Business Park Ltd 2008 SC 335; 2008 SLT 621
An appeal to the Inner House on recovery of confidential documents, and the procedures to be adopted by the Court to protect common law/Article 6 fair trial rights and the havers’ legal professional privilege rights.

Howgate Shopping Centre Ltd v Catercraft Services Ltd 2004 SLT
Alan successfully acted for the pursuer in this case concerned with the proper construction of an “upwards only” rent review provision in a commercial lease. Issues also arose as regards rectification of the terms of the lease, and title to sue relating to whether the lease had been extinguished confusione when the landlord acquired the tenant’s interest.

Stagecoach Holdings plc v Secretary of State for Trade and Industry 1997 SLT 940
Alan acted for the Secretary of State in this case concerned with the lawfulness of a reference by the Secretary of State to the Monopolies and Mergers Commission under the Fair Trading Act 1973, and the Commission’s decision thereon

Planning And Environmental Law

St Margaret’s School Playing Field Planning Inquiry 2001/2002
This was a 12 day planning inquiry where Alan represented the local residents group, the Craigmillar Park Association (Edinburgh), in successfully opposing an application to develop, for housing purposes, the former playing field of St Margaret’s School, Edinburgh.

Professional Liability

Frank Houlgate Investment Co Ltd v Biggart Baillie LLP 2012 SLT 256; and 2013 SLT 993; [2014] CSIH 79.
Alan acted for the Pursuers in this action which was originally concerned with alleged negligence and breach of warranty of authority in relation to conveyancing transactions in which a solicitor acted for a fraudster (initially unknowingly) but then carried on doing so after the fraudster confessed the fraud to him, to the detriment and financial loss of the Pursuers. The case was the subject of two legal debates in the Court of Session. In August 2011 Lord Glennie allowed the Pursuers a proof on the question of the solicitor’s participation in, and furtherance of, the fraud. That proof was presided over by Lord Hodge who decided the case in favour of the Pursuers. They have been awarded substantial damages. Lord Hodge’s decision was upheld by the Inner House of the Court of Session on 25th September 2014: see [2014] CSIH 79. An appeal to the Supreme Court was marked but later abandoned.

Directors' Disqualification Cases

Alan acted for the Secretary of State in the following directors’ disqualification cases while Standing Junior for the Department of Trade and Industry in Scotland:

Keen v Tayside Contracts 2003 SLT 500
Concerned with a review of House of Lords authorities on nervous shock, resulting in a road worker’s damages claim being dismissed on the basis that he was a secondary victim.

Cowie v Atlantic Drilling Co Ltd 1995 SC 288
Concerned with the proper construction of the test for an award of interim damages.

Medical/Clinical Negligence Law

Myles v Tayside Health Board (2013)
A clinical negligence case in which Alan acted for the pursuer who suffered from negligent post-operative care, and which again settled for substantial damages.

McLauchlan v Lanarksire Health Board (2013)
A clinical negligence (undiagnosed breast cancer) case in which Alan acted for the pursuers (widower, daughters and relatives) which settled just before the proof diet for substantial damages.

Donald v Ayrshire and Arran Health Board [2013] CSOH 234
A clinical negligence case where Alan acted for the widower and family of a wife and mother who had died from an undiagnosed DVT/pulmonary embolism. Negligence was established at proof and the complex causation defence advance by the Defenders was rejected by Lord Glennie who awarded substantial damages to Mr Donald and his four daughters.

Media & Defamation

X v British Broadcasting Corporation 2005 SLT 796
Alan successfully acted for the pursuer in this case concerned with the tension between the Pursuer’s Article 8 right to privacy and the Defenders’ Article 10 freedom of expression right where interim interdict was being sought to prevent the broadcast of a television programme.

Wray v Associated Newspapers 2000 SCCR 819
Alan acted for the pursuer in this defamation action in which the Lord Ordinary, after proof, awarded the pursuer (a Member of Parliament) substantial damages.

Local Government Law

LIDL UK GmbH v City of Glasgow Licensing Board [2013] CSIH 25
Alan represented Glasgow Board in this ground breaking licensing appeal in which the Inner House of the Court of Session decided that suspension of a licence was not appropriate where it was based on a single failed test purchase to an under aged person.

Constitutional Law

Scottish Ministers v Beggs 2007 SLT 235
Alan represented the appellants (the Scottish Ministers) in this appeal to the House of Lords arising from a finding of contempt of court relating to the unlawful opening of the respondent’s privileged correspondence. Their Lordships found in favour of the appellants.

A v Scottish Ministers 2002 SC (PC) 63
Alan acted for Scottish Ministers in this case which was concerned with whether the first Act of the Scottish Parliament on the rights of restricted patients violated Article 5 of the European Convention.

AXA General Insurance Limited, Petitioners 2011 SLT 1061 (Supreme Court); 2011 SLT 439 (Inner House); 2010 SLT 179 (Outer House)
This was a ground breaking litigation in which Alan successfully acted for the Lord Advocate and the Scottish Government throughout the judicial process, ultimately in the UK Supreme Court. The case was concerned with the validity of the Damages (Asbestos-related Conditions) (Scotland) Act 2009 (passed by the Scottish Parliament) which was confirmed by the UK Supreme Court. The case is of significant constitutional importance and marks out Alan’s expertise in the fields of constitutional law, human rights and judicial review generally.

EU Law

A v Scottish Ministers 2002 SC (PC) 63
Alan acted for Scottish Ministers in this case which was concerned with whether the first Act of the Scottish Parliament on the rights of restricted patients violated Article 5 of the European Convention.

European Commission 28530/95, X v United Kingdom, 19 January 1998
This was a judicial review, the central question of which was whether a particular individual was a fit and proper person to become the chief executive of a new insurance company. The case was taken to Strasbourg where Alan appeared for the United Kingdom Government, along with the late Peter Duffy QC of the English Bar, at an admissibility hearing before the Commission

Human Rights Law

X v British Broadcasting Corporation 2005 SLT 796
Alan successfully acted for the pursuer in this case concerned with the tension between the Pursuer’s Article 8 right to privacy and the Defenders’ Article 10 freedom of expression right where interim interdict was being sought to prevent the broadcast of a television programme.

Napier v Scottish Ministers 2004 SLT 555
Alan acted for the Scottish Ministers in this case concerned with whether the slopping out regime in Barlinnie Prison and other related prison conditions amounted to violations of Articles 3 and 8 of the European Convention.

A v Scottish Ministers 2002 SC (PC) 63
Alan acted for Scottish Ministers in this case which was concerned with whether the first Act of the Scottish Parliament on the rights of restricted patients violated Article 5 of the European Convention.

AXA General Insurance Limited, Petitioners 2011 SLT 1061 (Supreme Court); 2011 SLT 439 (Inner House); 2010 SLT 179 (Outer House)
This was a ground breaking litigation in which Alan successfully acted for the Lord Advocate and the Scottish Government throughout the judicial process, ultimately in the UK Supreme Court. The case was concerned with the validity of the Damages (Asbestos-related Conditions) (Scotland) Act 2009 (passed by the Scottish Parliament) which was confirmed by the UK Supreme Court. The case is of significant constitutional importance and marks out Alan’s expertise in the fields of constitutional law, human rights and judicial review generally.

Administrative Law (including judicial review)

Chief Constable, Fife Constabulary v William Crawford, Court of Session, Inner House 13th September 2012
This was a judicial review of a decision of the Police Appeals Tribunal. Police Constable convicted of a charge of serious misconduct at Misconduct a Hearing. The Constable succeeded on appeal to the Police Appeals Tribunal, which decision was overturned by way of judicial review. In a second judicial review process, the Constable has now obtained the right to a further appeal to allow him to clear his name before a freshly constituted Police Appeals Tribunal. That appeal took place in 2014. Alan successfully represented the Constable in the second judicial review process and in the successful appeal.

Mitchell v North Lanarkshire Council 2008 SLT 765
Alan acted for the Petitioner in this judicial review concerned with whether North Lanarkshire Council had complied with the relevant council tax Regulations in supplying information to the public as regards how to dispute a liability to pay council tax, and the appeal process relating thereto.

A v Scottish Ministers 2002 SC (PC) 63
Alan acted for Scottish Ministers in this case which was concerned with whether the first Act of the Scottish Parliament on the rights of restricted patients violated Article 5 of the European Convention.

European Commission 28530/95, X v United Kingdom, 19 January 1998
This was a judicial review, the central question of which was whether a particular individual was a fit and proper person to become the chief executive of a new insurance company. The case was taken to
Strasbourg where Alan appeared for the United Kingdom Government, along with the late Peter Duffy QC of the English Bar, at an admissibility hearing before the Commission

AXA General Insurance Limited, Petitioners 2011 SLT 1061 (Supreme Court); 2011 SLT 439 (Inner House); 2010 SLT 179 (Outer House)
This was a ground breaking litigation in which Alan successfully acted for the Lord Advocate and the Scottish Government throughout the judicial process, ultimately in the UK Supreme Court. The case was concerned with the validity of the Damages (Asbestos-related Conditions) (Scotland) Act 2009 (passed by the Scottish Parliament) which was confirmed by the UK Supreme Court. The case is of significant constitutional importance and marks out Alan’s expertise in the fields of constitutional law, human rights and judicial review generally.

Ochiemhen and Menuba v SSHD [2016] CSOH 179 and 180.
Alan acted for the successful petitioners who argued that they had not breached conditions relating to visas granted to them to operate as entrepreneurs in the UK. Their submissions were upheld by Lord Ericht.

Alagoz v SSHD [2017] CSOH 27.
Alan represented a mother and two children who successfully argued that decisions to remove them from the UK should be reduced. They relied on the standstill clause in the EEC – Turkey Association Agreement so as to allow them to continue to live in the UK with their husband/father who has been granted indefinite leave to remain in the UK.

Criminal Law

R v HM Advocate 2003 SC (PC) 21
Alan acted for the Lord Advocate in this case concerning whether the Lord Advocate had any right to continue with a prosecution where the Article 6 reasonable

Mills v HM Advocate 2003 SC (PC) 1
Alan acted for the Lord Advocate in this case concerned with the appropriate remedy where the reasonable time guarantee provided for by Article 6 of the Convention had been violated during appeal proceedings.

Burnett v Grampian Fire and Rescue Services 2007 SLT 613
Concerned with the duty of care of firefighters to owners of a neighbouring property in a tenement when attempting to extinguish a fire, in which Lord Macphail disagreed with the approach of the English Court of Appeal in Capital and Counties plc v Hampshire County Council [1997] 3 WLR 331

Public inquiries & Fatal Accident Inquiries

Clostridium Difficile Inquiry (2012-2013)
Chaired by Lord MacLean relating to outbreaks of “C Diff” at the Vale of Leven Hospital: the Report of the Inquiry was published in 2014; Alan represented the interests of the Scottish Ministers.

Family Law

M v M 2012 SLT 428
A relocation case relating to young children. Alan successfully persuaded the Inner House that the Sheriff and the Sheriff Principal had erred in following English case law in allowing the mother to remove to England with the children contrary to the father’s wishes.

Howes v Lord Advocate 2010 SLT 337
An extradition case in which the US Government sought extradition of a British couple for alleged exportation to the USA of chemicals used to make methamphetamine. Alan was instructed for the US Government in the appeal to High Court and resisted an attempt to have the extradition orders recalled including a strong Article 8 right to family life argument for the mother.

Scottish Children’s Reporters’ Administration Inquiry under section 85 of the Children (Scotland) Act 1995 (2006/07
Alan acted for the Scottish Children’s Reporters’ Administration in a 13 month review under section 85 of the Children (Scotland) Act 1995, based on new medical evidence, of a children’s panel referral to the Sheriff Court in a Munchausen Syndrome By Proxy case in which a mother had been accused of smothering her child.

Special Counsel appointed under the Prevention of Terrorism Act: 2005 to present

Director, Scottish Arbitration Centre: 2011 to 2012

Member of the Judicial Proceedings Panel of the Church of Scotland: 2012 to present

Legal Adviser to the Institute and Faculty of Actuaries: 2014 to present

Court And Tribunal Experience

Alan has extensive advocacy experience, including the Inner and Outer House in the Court of Session, appearances in the House of Lords, Privy Council, the UK Supreme Court, the European Commission in Strasbourg and the UEFA Disciplinary Tribunal in Geneva. He has experience in Public Inquiries and UK Tribunals and Judicial Proceedings panels.

Publications

1982: Chapter on the law relating to Explosives in the Laws of Scotland: Stair Memorial Encyclopaedia

1989: Review of cases under the Family Law (Scotland) Act 1985: Journal of the Law Society of Scotland